Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 330.050, 330.060, 330.070, 330.095
NECESSITY, FUNCTION, AND CONFORMITY: KRS 330.050(8) authorizes
the Board of Auctioneers to promulgate administrative regulations with the
approval of the executive director of the Kentucky Real Estate Authority in
accordance with KRS Chapter 13A as required to fulfill the duties and functions
assigned to the board by KRS Chapter 330. KRS 330.060(1) requires applicants
for an apprentice auctioneer or auction house operator's license to
successfully complete instruction as prescribed by the board from a
board-approved auction education provider. KRS 330.070(7) authorizes the board
to require, as a condition precedent to the renewal of any license, that each
licensee complete continuing education up to ten (10) hours per license year.
This administrative regulation establishes prelicensing and continuing
education requirements for all board of auctioneer licensees.
Section 1. Education Providers.
(1) All required education shall be obtained
from a board-approved provider.
(2)
A request to become an approved provider shall be made on the Continuing
Education: Approved Provider Application form, KBA-4 provided by the
board.
(3) A prospective or
approved provider shall notify the board in writing within thirty (30) days of
any material change in information submitted on the application or attachments.
Notification shall be made on the License Status and Information Update form,
KBA-3, incorporated by reference in 831 KAR 1:010.
(4) An approved provider shall submit to the
board advance notification of each course offering on the Continuing Education:
Course Notification form, KBA-5.
(5) An approved provider shall submit to the
board a roster of attendees completing a course within ten (10) days of
completion. The roster shall include each attendee's name, address, license
number, and e-mail address.
(6) An
approved provider shall disclose to all potential students prior to enrollment:
(a) The full cost of each course, including
tuition, books, and required materials; and
(b) The number of continuing education hours
to be earned by attending and completing each course.
(7) An approved provider shall maintain clear
and correct written or electronic records for a minimum of five (5) years,
including:
(a) Course handouts;
(b) Attendance records; and
(c) Course evaluations.
(8) A provider's approval shall be subject to
withdrawal for a violation of KRS Chapter 330 or 831 KAR Chapter 1.
(9) A complaint against an approved provider
shall be notarized and filed on the Complaint Form, KBA-6, which is
incorporated by reference in 831 KAR 1:020.
Section 2. Instructors.
(1) An instructor for a course provided
pursuant to this administrative regulation shall hold or have previously held:
(a) Current and comprehensive knowledge of
the subject matter they will be teaching;
(b) The ability to effectively teach,
interact, and communicate with the attendees; and
(c) The ability to provide a controlled and
positive learning classroom environment.
(2) An instructor for a course provided
pursuant to this administrative regulation shall not have:
(a) Had a professional license revoked or
suspended;
(b) Been convicted of
any crime involving auction, real estate, or any abuse of fiduciary
responsibilities; or
(c) Been
disciplined in any jurisdiction for falsifying student attendance records or
completion of course requirements or other improper educational actions related
to licensure.
(3) An
instructor who is also a licensee shall receive continuing education credit for
teaching a course approved pursuant to this administrative regulation once per
educational year for the same course.
Section 3. Auctioneer Education and Licensing
Requirements.
(1) To be licensed as an
apprentice auctioneer, an applicant shall show proof of a high school diploma
or equivalent, unless waived by the board pursuant to KRS 330.060(1)(b).
(2) An applicant for
a license shall obtain the required education from an approved provider or
combination of approved providers.
(3) An applicant for a principal auctioneer
license shall have successfully completed at least eighty (80) hours of
approved classroom instruction.
(a) Up to
eight (8) hours may include approved outside activities and field instruction,
such as attendance at auctions; and
(b) Up to forty (40) hours may include
approved distance learning.
(4) The board may waive the approved
classroom instruction requirement if requested in writing by an applicant who
demonstrates sufficient previous auction experience and competency.
(5) Reciprocity with any state that does not
require an apprenticeship shall be granted after a licensee, who is a
nonresident of Kentucky, has held his or her license for a minimum of one (1)
year in the reciprocating state.
Section 4. Licensee Continuing Education
Requirements.
(1) A licensee shall attend a
minimum of six (6) course hours of continuing education from any approved
provider or combination of approved providers on or before May 31 of each
license year.
(2) A licensee shall
attend the Kentucky Auction Core Course at least once every four (4) years
based on the board's schedule according to the licensee's birth month.
(a) A licensee seeking to reactivate a
license from escrow shall complete the Kentucky Auction Core Course.
(b) A licensee with at least twenty-five (25)
years of continuous licensure shall be exempt from the Kentucky Auction Core
Course requirement.
(3)
A licensee licensed prior to January 1, 1980 shall be exempt from this
section.
Section 5.
Continuing Education Courses.
(1) A licensee
may attend a live course or participate in a distance learning course in which
the instructor and attendee are not physically present at the same
location.
(2) A continuing
education course shall focus on auctions or auction law.
(a) An approved provider shall keep all
course material current with KRS Chapter 330 and 831 KAR Chapter 1.
(b) The Kentucky Auction Core Course shall
include instruction in the core subjects of KRS Chapter 330, 831 KAR Chapter 1,
ethics, and any other applicable subject matter.
(c) Real estate education classes shall not
qualify for continuing education.
(3) Courses sponsored by the National
Auctioneers Association and the Certified Auctioneer's Institute shall qualify
for continuing education.
(4)
General business meetings and noneducational portions of auctioneer conventions
shall not qualify for continuing education.
(5) Live courses shall be subject to
monitoring visits from board personnel.
(6) Distance learning shall be subject to
periodic review by board personnel. For internet based courses, approved
providers shall include "test" login information with the course notification
to the board, which shall authorize the board to review the material.
Section 6. Incorporation by
Reference.
(1) The following material is
incorporated by reference:
(a) "Continuing
Education: Approved Provider Application", KBA-4, May 2019; and
(b) "Continuing Education: Course
Notification", KBA-5, May 2019.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Kentucky Board of
Auctioneers, 656 Chamberlin Avenue, Suite B, Frankfort, Kentucky 40601 Monday
through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY: KRS 330.050(8), 330.060(1), 330.070(7),
330.095